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BABLER BROS., INC. v. ROBERTS

Nos. 91-35566, 91-35807 and 36003.

995 F.2d 911 (1993)

BABLER BROS., INC., an Oregon corporation; Oregon-Columbia Chapter of the Associated General Contractors of America, Inc., an Oregon non-profit corporation, Plaintiffs-Appellants, v. Mary Wendy ROBERTS, in her official capacity as Commissioner of the Bureau of Labor and Industries; Donald E. Forbes, Director of the Oregon Department of Transportation, Defendants-Appellees. DYAD CONSTRUCTION, INC., Plaintiff-Appellant, v. CITY OF PORTLAND; State of Oregon-Bureau of Labor & Industry; Mary Wendy Roberts, in her official capacity as Commissioner of the Bureau of Labor and Industries; Department of Labor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1993.

Attorney(s) appearing for the Case

Thomas W. Sondag, Lane, Powell, Spears, Lubersky, Portland, OR, for plaintiffs-appellants.

Michael J. Gentry, Tooze, Shenker, Holloway & Duden, Portland, OR, for plaintiff-appellant.

Richard D. Wasserman, Asst. Atty. Gen., Salem, OR, for defendants-appellees.

Before: FEINBERG, GOODWIN, and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge:

Both Babler Brothers and Dyad Construction filed suit in the District of Oregon to challenge the enforceability of an Oregon statute that requires contractors on public projects to pay time and a half for all hours worked in excess of eight hours per day unless the workers are covered by the terms of a collective bargaining agreement. Or. Rev.Stat. § 279.334 (1991). Appellants, both non-union contractors, allege that the statute is preempted...

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